Gibbs v. Larrabee
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. The plaintiff, as administratrix of the estate of her deceased hirsband, brought this action under the statute to recover damages, alleging that his death was caused by the negligent and wrongful act of the defendant. Upon the summons and complaint, and an affidavit of the plaintiff an order of arrest was obtained, and the defendant, in default of bail, was committed for trial.
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APPEAL from tbe Circuit Court for Winnebago County. The plaintiff, as administratrix of the estate of her deceased hirsband, brought this action under the statute to recover damages, alleging that his death was caused by the negligent and wrongful act of the defendant. Upon the summons and complaint, and an affidavit of the plaintiff an order of arrest was obtained, and the defendant, in default of bail, was committed for trial. A motion to vacate the order of arrest was denied, and from this order defendant appealed. The words “ injury to person or character,” in chapter 127, evidently refer…
1Opinion of the Court
DixoN, O. J.
There can be no arrest in a civil action in this state, except as prescribed by the statute. R. S. ch. 127, § 1. The liability of the defendant to arrest in this action depends altogether upon the words of the statute found in subdivision 1, section 2, of the same chapter, “ where the action is for an injury to person or character.” It is not claimed that the order for arrest can be otherwise sustained, and the only question is whether the action is for an injury to person. It is clearly not an action for an injury to the person' of the plaintiff. Is it an action for an injury t-o…
2Cited by6 opinions
- Lonstorf v. LonstorfWisconsin Supreme Court · 1903
- Wightman v. DevereWisconsin Supreme Court · 1873
- Sobolewski v. GermanSuperior Court of Delaware · 1924
- Wagner v. LathersWisconsin Supreme Court · 1870
- Wysocki v. Wisconsin Lakes Ice & Cartage Co.Wisconsin Supreme Court · 1905
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